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The problem as I see it will fall naturally into two branches,
first: the right of a lawyer of one member state to appear or
have audience in the courts of another member state and
secondly, the right of a lawyer of one member state to practise
law in another from his office. It is possible that the ultimate
interpretation of the treaty might give a different ruling on
each of these two aspects.
Whatever the changes may be that face us, it is quite certain
that changes there will be. Ifthe common market is to establish
freedom ofmovement within the community then undoubtedly
there will have to be a uniformity of law within that com
munity at certain levels.
Certain branches of the law will have to be completely
uniform throughout the community and it is more than
probable that we shall have superimposed upon us on a
" take it or leave it" basis, a system of community law
governing such matters as bankruptcy, patents, trade marks,
enforcement of judgments, sale of goods, restrictive practices
and other such matters, which in the course of time will tend
to become more rather than less numerous.
I can envisage that if we join the community we shall be
faced with a double system of law like that of the federal law
and the state law in the U.S.A.
It would seem natural that
in such eventuality the lawyers of the member states should
be free to practise the community law in any part of the
common market but only local lawyers should be entitled
to practise State law or domestic law relating to a particular
member.
There is a fundamental difference in the concept of the
judiciary between the common law countries such as ourselves
and Great Britain and the civil law countries which embrace
most of the continental states.
This difference will pose a difficult problem if there is to be
integration of the judicial system at any level. No suggestion
as to how this may be achieved has yet been made as far as I
am aware and we must await and study developments.
What the common market will mean to the practising lawyer
in this country cannot yet be assessed but greater competition
and greater opportunities appear to be certain. All these
changes will be gradual and will be spread over a long period
but we must prepare ourselves to avail of opportunities and
to meet competition and the council intends to study develop
ments closely.
At this stage there is not very much we can do, but we could
join with other branches of the profession in providing in
formation or lectures on the Treaty of Rome as it will affect
the legal profession, and the European Court at Luxembourg
which it established.
We may ultimately have to widen the studies both of
practitioners and apprentices to equip ourselves to changing
conditions. In the cities and larger towns there will surely
have to be a greater degree of specialisation with consequently
larger firms.
If lawyers, for example, from Great Britain could advise at
any level on matters arising here we must match their degree
of specialisation if we are to hold our own.
Law is getting daily more complex and it is more and more
difficult for the average solicitor to keep abreast ofthe technical
details of all branches of law—other professions have their
specialists and we may have to follow suit.
I read with interest that in his speech at the annual meeting
of the Institute of Chartered Accountants the president, Mr.
Ernest Dawson, had come to the same conclusion about his
profession.
The council are well aware that the problem will need
constant study and supervision and we hope, in consultation
with our neighbours, to learn more accurately just what the
position of the lawyer in the common market will be.
INTERNATIONAL BAR ASSOCIATION
Some nine or ten years ago your society became members
of the International Bar Association which is an association
of law societies throughout the world. It holds a conference
every second year which any member of a society, which is
itself a member of the association, is entitled to attend, and
representatives from your society have attended conferences
of the I.B.A. at Oslo in 1956, at Cologne in 1958 and at
Salzburg in 1960.
A further conference is to be held this year in Edinburgh,
from the ijth to the 2oth July, and a number of members of
the society have indicated their intention to attend.
As a preliminary to the Edinburgh Conference the council
of the I.B.A. on which your society has a representative, held
a meeting in Dublin last January. We were very glad to have
the opportunity ofwelcoming practising lawyers from different
countries to Dublin even at that time ofthe year and ofshowing
them a little Irish hospitality.
In my view, these meetings are of considerable value to all
solicitors. Various topics of practical interest are discussed
and one gets the opportunity of seeing how laws of other
countries, with whom we shall more than likely have closer
contacts in the future, differ from our own. Apart from this,
there are social functions included in each conference where
one gets an opportunity of mixing with and getting to know
lawyers of other countries and their wives. Nothing but good
can come from meetings between professional men of similar
outlook from different countries, and the council feel that this
association is one that we should, as indeed we do, support, and
I would like to encourage the members to take an interest
in the association and to attend the conferences. Our society
will not in any way benefit from this but I think you, ladies
and gentlemen, would find the conference not only interesting
but instructive.
I have noticed that such members of your
society as have attended any of these conferences were always
looking forward to the next.
LAW REFORM
Turning now to rather more domestic matters, I would
like to say how much we welcome the energy and enterprise
of the Minister for Justice in initiating a large programme of
1 aw reform. Several of my predecessors have drawn attention
to the fact that in so many respects our law had been allowed
to lag behind and that there was an urgent necessity for
reform. A gigantic task now faces the Minister and the staff
of his department and he can be assured that in so far as we
can do so the council and the members of this society will
afford him as much assistance and co-operation as they can.
He has already indicated to the council that he would be
glad of the benefit of their views on the various topics which
he has scheduled for law reform, and the council has set up
small working parties to study the various branches of the law
in which reform is imminent. These working parties will
report to the council who, in turn, will submit their recom
mendations to the minister. Sometimes the need for a particular
reform becomes apparent in a particular case which pinpoints
an injustice or an anomaly. The members of the society can
help in this work by letting Mr. Plunkett know of any
instances where they think the law reform is desirable. Any
suggestions will be more than welcome and will be carefully
studied by the working parties and the council. If we can give
the minister the benefit of our combined experience we can
put before him practical problems and practical suggestions
for reform which might be quite uncontroversial and easily
achieved. For example, a lot of tedious and unproductive
work would be eliminated if the Apportionment Act were